Opinion
2013-10-24
Paul MOHAN, et al., Claimants–Appellants, v. The STATE of New York, Defendant–Respondent.
Lisa M. Comeau, Garden City, for appellants. Eric T. Schneiderman, Attorney General, New York (Bethany A. Davis Noll of counsel), for respondent.
Lisa M. Comeau, Garden City, for appellants. Eric T. Schneiderman, Attorney General, New York (Bethany A. Davis Noll of counsel), for respondent.
Judgment of the Court of Claims of the State of New York (Alan C. Marin, J.), entered on or about March 13, 2012, dismissing the claims after a nonjury trial, unanimously affirmed, without costs.
“In a nonjury trial, the decision of the fact-finding court should not be disturbed on appeal unless it is obvious the court's conclusions could not be reached under any fair interpretation of the evidence, especially when the findings of fact rest in large measure on considerations relating to the credibility of witnesses” ( Watts v. State of New York, 25 A.D.3d 324, 324, 809 N.Y.S.2d 5 [1st Dept.2006] [internal quotation marks omitted] ). Here, there exists no basis to disturb the trial court's determination that the opening in the median barrier on the Hutchinson River Parkway did not constitute a dangerous condition. The record shows that the court carefully considered the conflicting expert testimony and its decision to find the conclusions of the State's expert to be more credible was supported by the evidence.